NATCOMS drags NCC, MTN to court, wants fine nullified

ITRealms:

The National Association of Telecommunications Subscribers (NATCOM) has dragged both the MTN Nigeria Communications Limited (MTN) and the Nigerian Communications Commission (NCC) to a Federal High Court in Ikoyi-Lagos, for alleged neglect and “untold injuries” to Nigerian subscribers, reports ITRealms.

NATCOM also wants the court to declare the N1.4trn fine imposed on the MTN as illegal, unconstitutional, null and void.

Reacting to the fine slammed on MTN by NCC, NATCOMS national president, Chief Adeolu Ogunbanjo made this disclosure to ITRealms, saying that they have instituted a case at the Federal High Court, Ikoyi, Lagos on Friday, November 6, 2015 on suit number FHC / L / CS / 1663 / 2015 on the estimated N1 trillion fine against MTN.

NATCOMS, ITRealms gathered wants the Court to stop NCC from implementing the recent fine on MTN, arguing that they failed in the statutory duties to establish, maintain and conduct monthly updates of the Central Database from 2011 till 2015.

NCC, NATCOMS president said, failed to efficiently maintain the Central Database inspite of different exercises conducted in that regard and huge sums of monies deployed thereto.

According to NATCOMS, NCC cannot unilaterally impose and or exert any fine on MTN without securing a conviction of the latter before a competent court of jurisdiction, hence NCC cannot be a Judge in its own case for the establishment, maintenance and conducting updates on Central Database as relating to registration of telephone subscribers.

They also want the court to declare that NCC acted ultra vires to the provisions of the registration of telephone subscribers regulations, 2011 by failing to establish, maintain and conduct updates on same, yet imposing fines on MTN.

NATCOMS, therefore demand an order of perpetual injunction restraining NCC from further imposing or exerting any fine in respect of registration of telephone subscribers on MTN.

Just as they group wanted court to stop MTN from paying any fine (s) to NCC at all on the registration of telephone subscribers.

They insisted that NCC should be ordered to commission, establish and conduct monthly updates on the Central database; stressing that by mandating NCC to conduct rigorous campaign for applicants and other telephone subscribers to update their particulars with the respondents;

Further, NATCOMS said NCC be mandated to publish newspaper apologies to the applicants and other telephone subscribers for the lack of establishment, maintenance and conducting updates on the Central Database.

In addition for NCC to give account of all the fines it had imposed on telecoms operators and pay applicants as well as other telephone subscribers as compensation.

+Remmy Nweke (ITRealms) 
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